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maintenance to working wife and subsequently to her minor daughter

(Querist) 13 June 2011 This query is : Resolved 
Hi,

Can you please let me know whether a divorced wife who is working with government organisation and earning a good salary is eligible for claiming maintenance from her ex-husband for herself and for her daughter?

Will there be any right of her daughter on the property which is in the name of her ex-husband's current wife, who is also working?

With best regards

MS
prabhakar singh (Expert) 13 June 2011
"Will there be any right of her daughter on the property which is in the name of her ex-husband's current wife, who is also working?" NO IS ANSWER TO YOUR THIS QUESTION.

TO ANSWER THE FIRST ONE NEEDS KNOW WHAT DOES DECREE OF DIVORCE SAY ABOUT????
M.Sheik Mohammed Ali (Expert) 13 June 2011
no need to give maintenance who has working in any organisation, same time the husband to liable to his son/daughter give maintenance, if ex wife wish to ask.
Ashok Yadav (Expert) 13 June 2011
If you are earning more than your wife and your wife can not complete all her needs from her salary, she can claim maintenance from you for herself.
You are liable to pay maintenance to your daughter its your legal obligation you can not escape from this.
The daughter can not claim any right in the property of your current wife.
MS (Querist) 13 June 2011
Thanks to experts.

Can you also please let us me know till what age his daughter from ex-wife(Divorced) can claim maintenance and how it is calculated. although if she stays with her mother who is working on a senior position and take care of all her needs.
PALNITKAR V.V. (Expert) 13 June 2011
Well. It depends on whether the income derived by the ex wife is enough for their maintenance.
Snehal (Expert) 14 June 2011
If there is consent of wife at the time of divorce that she will not claim future maintenance by her ex-husband then she is not entitled to get any maintenance for her. Till the age of completion of 18 yrs. daughter can get maintenance.
MS (Querist) 14 June 2011
Thanks to all of you for your advise.

There is one more question arises, in case if the divorced wife leaves her current job due to any reason, can she then claim maintenace.

Can she file or apeal now with a request to reopen the case which got decided in 1996. or can she challenge the decree of divorce now.
MS (Querist) 16 June 2011
Dear Prabhakarji,

As you are online can you please clear my follwoing doubts:

In case if the divorced wife leaves her current job due to any reason, can she then claim maintenace.

Can she file or apeal now with a request to reopen the case which got decided in 1996. or can she challenge the decree of divorce now.


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